The role of a process server is critical in both civil and criminal cases—but the nature of their work, the level of risk, and the legal implications vary significantly.
In one scenario, they’re delivering legal disputes between individuals or businesses.
In the other, they’re often stepping into high-stakes legal battles involving law enforcement, fugitives, and criminal charges.
So, how does the job change when serving papers in civil cases vs. criminal cases?
Let’s break it down.
Civil Process Serving: The Legal Chess Game
In civil cases, process servers deliver documents related to lawsuits between private parties—often disputes over money, property, business matters, or personal grievances.
Common Documents Served in Civil Cases
- Summons & Complaints – Notifies a defendant they’re being sued.
- Subpoenas – Requires someone to testify or provide documents in court.
- Eviction Notices – Legally informs tenants they must vacate.
- Divorce & Family Law Papers – Covers custody battles, restraining orders, and child support enforcement.
Process Server Approach in Civil Cases
- Routine Service – Many civil serves involve businesses, professionals, and everyday individuals. These are often low-risk with minimal resistance.
- Skip Tracing for Evasive Targets – Defendants in high-dollar lawsuits or divorces may try to avoid service, requiring skip tracing, stakeouts, and creative approaches.
- Professionalism & Documentation – Accuracy is everything. Mistakes—such as serving the wrong person or missing paperwork—can invalidate a case.
Challenges in Civil Cases
- Defendants Can Become Aggressive – Especially in emotionally charged lawsuits like divorces or restraining orders.
- Businesses Use Gatekeepers – Receptionists, security personnel, and legal teams may block access.
- Defendants Disappear – High-profile or wealthy targets may go off-grid, requiring advanced tracking.
Civil process serving is about precision, persistence, and playing by the legal rulebook.
But when it comes to criminal cases, the risks increase dramatically.
Criminal Process Serving: Walking into the Fire
Criminal process servers operate within the justice system, serving documents that enforce criminal laws and prosecutions.
This means dealing with law enforcement, prosecutors, and defendants with active charges.
Common Documents Served in Criminal Cases
- Subpoenas – Requires witnesses to testify in criminal trials.
- Warrants & Court Summons – Orders individuals to appear in court for criminal charges.
- Protection Orders – Typically tied to violent offenses or domestic abuse.
- Show Cause Orders – Commands someone to explain why they shouldn’t be held in contempt of court (e.g., for failing to pay child support).
Process Server Approach in Criminal Cases
- Higher-Risk Encounters – Criminal defendants may have violent backgrounds, open cases, or pending arrests. Some may react with hostility or evasion.
- Surveillance & Strategic Service – Witnesses may be afraid to testify, requiring discretion and creative delivery tactics.
- Coordination with Law Enforcement – In high-risk cases, servers may work alongside police or investigators to ensure safe service.
Challenges in Criminal Cases
- Serving Dangerous Individuals – Defendants may be involved in gang activity, violent crimes, or fraud schemes.
- Witness Intimidation & Fear – Many people don’t want to testify in court, making service difficult and sometimes hostile.
- Retaliation Risks – Serving individuals tied to organized crime or serious felonies can be life-threatening.
Criminal process serving isn’t just about delivering papers—it’s about navigating life-threatening situations with intelligence, strategy, and caution.
Civil vs. Criminal Process Serving: Side-by-Side Comparison
| Primary Purpose | Resolving disputes between private parties | Enforcing laws & prosecuting crimes |
| Common Papers Served | Summons, complaints, subpoenas, evictions, divorces | Subpoenas, court summons, warrants, protection orders |
| Risk Level | Moderate – Mostly businesses & individuals | High – Criminal defendants & hostile witnesses |
The Process Server Mindset: Adapting to the Case
Whether handling a civil lawsuit or a criminal prosecution, elite process servers know how to:
- Adjust their strategy
- Stay safe
- Get the job done
In civil cases, success depends on accuracy, patience, and navigating legal loopholes.
In criminal cases, it’s all about caution, discretion, and protecting personal safety.
But one thing remains the same—justice doesn’t move without them.
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We're here to assist you with any legal support services you may require. Although our main office is located in Phoenix, we have dedicated local teams to handle all location-specific tasks efficiently. Here's how you can get in touch with us.
The Process Server
13416 North 32nd Street #110F, Phoenix, Arizona 85032, United States
Phone: +1 (602) 675-2333
Email: [email protected]
For further details, please refer to the Justice Courts Case Search.